• Military Menu                       

• Introduction
• Systems
• Facilities
• Agencies
• Industry
• Operations
• Countries
• Hot Documents
• News
• Reports
• Policy
• Budget
• Congress
• Links

• WMD
• Intelligence
• Homeland Security
• Space

International arbitration court rules that Taiping is 'rock'

ROC Central News Agency

2016/07/12 19:17:20

Taipei, July 12 (CNA) An international arbitration court ruled Tuesday that China has no legal basis to claim historic rights to resources within the South China Sea areas falling within a "nine-dash line" and that all high-tide features in the Spratly Islands, including the Taiwan-controlled Taiping, are legally "rocks."

In the case brought by the Philippines against China over South China Sea disputes, the court said there was no evidence that China had historically exercised exclusive control over the waters or resources in the islands in the South China Sea.

There is therefore no legal basis for China to claim historic rights to resources within the sea areas falling within the "nine-dash line," the court said in its ruling.

The Philippines brought the case against China in the Permanent Court of Arbitration, arguing that the land formations claimed by Beijing in the South China Sea are not islands and therefore are not entitled to 200-nautical mile exclusive economic zones.

China's "nine-dash line" territorial claim over South China Sea waters is unlawful under the United Nations Convention on the Law of the Sea, the Philippines argued.

While Taiwan is not party to the case, its claims in the South China Sea are similar to those of China, and Taiping Island (also known as Itu Aba), which is controlled by Taiwan, was brought up in testimony during the court hearings.

In its ruling, the court noted that many of the features in the Spratly Islands are currently controlled by some countries, "which have constructed installations and maintain personnel there."

It considered "these modern presences to be dependent on outside resources and support" and said many of the features had been modified to improve their habitability.

After examining the historical record, the court said, it found that the Spratly Islands were historically used by small groups of fishermen from China and other countries, and that several Japanese fishing and guano mining enterprises had been attempted in the 1920s and 1930s.

"The Tribunal concluded that temporary use of the features by fishermen did not amount to inhabitation by a stable community and that all of the historical economic activity had been extractive in nature," the ruling said.

Accordingly, the tribunal concluded that all of the high-tide features in the Spratly Islands (including Itu Aba, Thitu, West York Island, Spratly Island, North-East Cay and South-West Cay) are legally "rocks" that do not generate an exclusive economic zone or continental shelf, the ruling stated.

Six countries -- Taiwan, China, the Philippines, Vietnam, Malaysia and Brunei -- claim part or all of the islands in the resource-rich South China Sea and their surrounding waters.

(By Elaine Hou)
ENDITEM/pc